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Displaying items by tag: migrant fishing crew

Fishing crew from non- European Economic Area (EEA) states will be eligible for a new employment permit system, the Government has said.

The new permit system, equivalent to a “Stamp 4” immigration permission with its wider entitlements, will replace the current Atypical working scheme for migrant fishing crew which has been widely criticised.

The new system is a key recommendation of a review group’s report, published on October 11th by the Government.

A cross-departmental group of senior officials in relevant departments and agencies will be established to oversee implementation of the transition from the current to the new scheme.

It will be co-chaired by the Department of Agriculture, Food and the Marine and the Department of Enterprise, Trade and Employment, with an “expected overall time frame” of 12 months for implementing the report’s recommendations.

The report and its recommendations were jointly welcomed by Minister for Justice Helen McEntee, Minister of State at the Department of Enterprise, Trade and Employment Damien English, and Minister for Agriculture, Food and the Marine Charlie McConalogue.

The Atypical Working Scheme (AWS) for non-EEA crew in the Irish fishing fleet was established in 2015 as a cross-departmental response to address claims of exploitation and trafficking of undocumented non-EEA workers on certain categories of vessels in the Irish fishing fleet, the Government said in a statement.

Currently, non-EEA fishers can apply through the Department of Justice for permission under the Atypical Working Scheme to work on a specific Irish vessel for a period of up to 12 months.

However, they are not eligible for an employment permit issued by the Minister for Enterprise, Trade and Employment.

The sector will be required to submit a comprehensive business case to the Minister for Enterprise, Trade and Employment to support their inclusion in the Employment Permits System, and a “process of engagement has already begun in this regard”, the Government has said.

A study by Maynooth University said that the Atypical Working Scheme permission - under which the worker is contracted to an individual employer- and the necessity to renew this permission each year can be used by employers as a “means to threaten and exploit workers”.

Over two-thirds of those interviewed for the Maynooth University study – which was funded by the International Transport Federation (ITF) - said they would work between 15 and 20 hours a day, and pay was usually below the minimum wage.

“The publication of this report and its recommendations is the first step in putting non-EEA seafishers on a similar path to other non-EEA nationals employed in the State in terms of entitlements and protections,”Ms McEntee said.

"Non-EEA fishers and their employers will now be entitled to apply for an employment permit through the Department of Enterprise, Trade and Employment,” she said.

"These recommendations will also benefit seafishers’ employers, by streamlining the permission process and making it easier to recruit non-EEA seafishers,” she said.

Minister for Agriculture, Food and the Marine Charlie McConalogue said he had asked his department to examine the review group’s report and “to work closely with the Department of Enterprise, Trade and Employment with a view to ensuring the full implementation of the recommendations”.

“I have also tasked an Bord Iascaigh Mhara with providing the fishing sector with any practical assistance necessary to support of the sector’s access to the employment permit scheme," he said.

Minister of State Damien English said the report’s recommendations “will go a long way to addressing the concerns raised by stakeholders in the sector”.

“Of course, the Employment Permits system works very differently from the Atypical Working Scheme so it is proper that there will be a phased implementation in order to identify and address any challenges which arise and deal with these in the most effective way possible,” Mr English said.

Published in Fishing

The International Transport Workers' Federation says it is handing in a study Maynooth University conducted on migrant fishing crew to a Government review today.

The study by Maynooth University’s law department on the experiences of non-EEA workers in the Irish fishing industry will be submitted to the Government's review of the Atypical work permit scheme.

Michael O’Brien, who is the federation’s fisheries campaign lead for Ireland, says the study is a “devastating critique of the failures of the Atypical scheme since its inception six years ago”.

He says it makes a number of recommendations that, if implemented, would “go far in liberating migrant fishers, both documented and undocumented, from below minimum wage employment and precarious status in the state”.

The study collated testimony from migrant fishers of “ongoing abuses in the sector”, O’Brien said.

The Government announced that an inter-departmental group, headed up by the Department of Justice, would carry out the review of the Atypical work permit scheme.

Read the submission here

Published in Fishing

Marine Protected Areas (MPAs) - FAQS

Marine protected areas (MPAs) are geographically defined maritime areas where human activities are managed to protect important natural or cultural resources. In addition to conserving marine species and habitats, MPAs can support maritime economic activity and reduce the effects of climate change and ocean acidification.

MPAs can be found across a range of marine habitats, from the open ocean to coastal areas, intertidal zones, bays and estuaries. Marine protected areas are defined areas where human activities are managed to protect important natural or cultural resources.

The world's first MPA is said to have been the Fort Jefferson National Monument in Florida, North America, which covered 18,850 hectares of sea and 35 hectares of coastal land. This location was designated in 1935, but the main drive for MPAs came much later. The current global movement can be traced to the first World Congress on National Parks in 1962, and initiation in 1976 of a process to deliver exclusive rights to sovereign states over waters up to 200 nautical miles out then began to provide new focus

The Rio ‘Earth Summit’ on climate change in 1992 saw a global MPA area target of 10% by the 2010 deadline. When this was not met, an “Aichi target 11” was set requiring 10% coverage by 2020. There has been repeated efforts since then to tighten up MPA requirements.

Marae Moana is a multiple-use marine protected area created on July 13th 2017 by the government of the Cook islands in the south Pacific, north- east of New Zealand. The area extends across over 1.9 million square kilometres. However, In September 2019, Jacqueline Evans, a prominent marine biologist and Goldman environmental award winner who was openly critical of the government's plans for seabed mining, was replaced as director of the park by the Cook Islands prime minister’s office. The move attracted local media criticism, as Evans was responsible for developing the Marae Moana policy and the Marae Moana Act, She had worked on raising funding for the park, expanding policy and regulations and developing a plan that designates permitted areas for industrial activities.

Criteria for identifying and selecting MPAs depends on the overall objective or direction of the programme identified by the coastal state. For example, if the objective is to safeguard ecological habitats, the criteria will emphasise habitat diversity and the unique nature of the particular area.

Permanence of MPAs can vary internationally. Some are established under legislative action or under a different regulatory mechanism to exist permanently into the future. Others are intended to last only a few months or years.

Yes, Ireland has MPA cover in about 2.13 per cent of our waters. Although much of Ireland’s marine environment is regarded as in “generally good condition”, according to an expert group report for Government published in January 2021, it says that biodiversity loss and ecosystem degradation are of “wide concern due to increasing pressures such as overexploitation, habitat loss, pollution, and climate change”.

The Government has set a target of 30 per cent MPA coverage by 2030, and moves are already being made in that direction. However, environmentalists are dubious, pointing out that a previous target of ten per cent by 2020 was not met.

Conservation and sustainable management of the marine environment has been mandated by a number of international agreements and legal obligations, as an expert group report to government has pointed out. There are specific requirements for area-based protection in the EU Marine Strategy Framework Directive (MSFD), the OSPAR Convention, the UN Convention on Biological Diversity and the UN Sustainable Development Goals. 

Yes, the Marine Strategy Framework directive (2008/56/EC) required member states to put measures in place to achieve or maintain good environmental status in their waters by 2020. Under the directive a coherent and representative network of MPAs had to be created by 2016.

Ireland was about halfway up the EU table in designating protected areas under existing habitats and bird directives in a comparison published by the European Commission in 2009. However, the Fair Seas campaign, an environmental coalition formed in 2022, points out that Ireland is “lagging behind “ even our closest neighbours, such as Scotland which has 37 per cent. The Fair Seas campaign wants at least 10 per cent of Irish waters to be designated as “fully protected” by 2025, and “at least” 30 per cent by 2030.

Nearly a quarter of Britain’s territorial waters are covered by MPAs, set up to protect vital ecosystems and species. However, a conservation NGO, Oceana, said that analysis of fishing vessel tracking data published in The Guardian in October 2020 found that more than 97% of British MPAs created to safeguard ocean habitats, are being dredged and bottom trawled. 

There’s the rub. Currently, there is no definition of an MPA in Irish law, and environment protections under the Wildlife Acts only apply to the foreshore.

Current protection in marine areas beyond 12 nautical miles is limited to measures taken under the EU Birds and Habitats Directives or the OSPAR Convention. This means that habitats and species that are not listed in the EU Directives, but which may be locally, nationally or internationally important, cannot currently be afforded the necessary protection

Yes. In late March 2022, Minister for Housing Darragh O’Brien said that the Government had begun developing “stand-alone legislation” to enable identification, designation and management of MPAs to meet Ireland’s national and international commitments.

Yes. Environmental groups are not happy, as they have pointed out that legislation on marine planning took precedence over legislation on MPAs, due to the push to develop offshore renewable energy.

No, but some activities may be banned or restricted. Extraction is the main activity affected as in oil and gas activities; mining; dumping; and bottom trawling

The Government’s expert group report noted that MPA designations are likely to have the greatest influence on the “capture fisheries, marine tourism and aquaculture sectors”. It said research suggests that the net impacts on fisheries could ultimately be either positive or negative and will depend on the type of fishery involved and a wide array of other factors.

The same report noted that marine tourism and recreation sector can substantially benefit from MPA designation. However, it said that the “magnitude of the benefits” will depend to a large extent on the location of the MPA sites within the network and the management measures put in place.

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